A recent case in the 7th Circuit, upholding the criminal convictions of two supervisors based on their falsification of health and safety records, serves as an important reminder that although uncommon, the Occupational...more
6/30/2025
/ Appeals ,
Criminal Penalties ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Employer Responsibilities ,
Enforcement Actions ,
False Reporting ,
Health and Safety ,
Inspections ,
OSHA ,
Recordkeeping Requirements ,
Supervisors ,
Workplace Safety
A recent standard interpretation letter dated April 29, 2025, addressed whether employers may use software-generated documents in place of the OSHA-required injury and illness recordkeeping forms, specifically Forms 300...more
On July 2, 2024, OSHA released its long-awaited national heat illness and injury prevention standard as predicated in an earlier blog article. It applies to all employers conducting outdoor and indoor work in all general...more
In an enforcement memorandum dated May 2, 2024, OSHA provided guidance on whether musculoskeletal injuries are recordable under three treatment scenarios: first aid, Active Release Technique (ART) (massage that targets soft...more
According to a recent OSHA standard interpretation letter, probably yes. In the May 17, 2023 letter, an employee drove the company vehicle on a public roadway between service calls. As the employee approached a car accident,...more
On July 17, 2023, OSHA released its final rule expanding its electronic recordkeeping and reporting requirements. As expected, the rule largely mimics OSHA’s 2022 proposal and takes effect January 1, 2024. The rule requires...more
WARNING: Spoiler alert! STOP reading now if you do not want to read spoilers which are used as examples to illustrate points in the blog article.
As viewers know, Ted Lasso is a feel good show about an American college...more
During an OSHA inspection, the compliance officer will most likely request certain documents such as the manufacturer’s manual, safety and health policies, internal or external safety and health audits, videotapes, minutes...more
On March 30, 2022, the Occupational Safety and Health Administration (OSHA) published new proposed rules regarding electronic recordkeeping requirements. Specifically, OSHA has sought to revise recordkeeping rules related to...more
It is well-established that injuries and illnesses, such as those sustained in a motor vehicle accident that occurs during an employee’s normal commute time from home to work, are not work-related and thus not recordable...more
The start of the New Year serves as a good reminder to covered employers that they must electronically submit 300A data on or before March 2, 2022, for the calendar year 2021. Covered employers include those with 250 or more...more
On December 27, OSHA announced it is allowing its ETS for healthcare facilities to sunset but that it would continue to work expeditiously to promulgate a permanent standard for coronavirus-related hazards. In its statement,...more
OSHA’s long-awaited general industry COVID-19 emergency temporary standard (“ETS”) was officially published today and became effective immediately for employers in those states without “state OSHA” plans. However, employers...more
As discussed in a previous blog, covered employers were required to electronically submit 300A data for the calendar year 2020 between January 2, 2021, through March 2, 2021. In a recent standard interpretation dated May 6,...more
As more businesses reopen without restrictions and increased availability of vaccine supplies, many employers contemplate a mandatory vaccine policy. The decision turns on individualized facts to each organization, such as...more
On May 19, 2020, the Occupational Safety and Health Administration (“OSHA”) published revised enforcement guidance detailing when employers must record COVID-19 illnesses. The new guidance reverses course on prior guidance...more
As mentioned in our last blog, the time for covered employers to post the OSHA 300A Summary is from February 1 to April 30. It is also a good time to revisit the issue of what kinds of injuries and illnesses should be...more
Most employers with more than 10 employees are required to keep a record of serious work-related injuries and illnesses. However, minor injuries requiring only “first aid” generally do not need to be recorded. OSHA’s...more
Last month, OSHA published its final rule revising the electronic recordkeeping requirements. The final rule rescinds the requirement for establishments with 250 or more employees to electronically file information from OSHA...more
As previously mentioned in this blog, all covered employers under the new electronic recordkeeping regulation were required to electronically file their 2016 300A form by December 30, 2017. As of January 1, 2018, OSHA no...more
There are some OSHA lessons to be learned and things to think about from the recent Third Department case in Silvestri v. New York City Transit Authority, 2017 N.Y Slip Op 06123 (August 10, 2017). In Silvestri, the Third...more
As part of OSHA’s new electronic recordkeeping rule previously discussed in prior blogs, certain employers will be required to electronically submit required injury and illness data from their 2016 Form 300A. OSHA believes...more
As expected, OSHA proposed today to extend the compliance deadline from July 1, 2017 to December 1, 2017 for submission of electronic records under its new recordkeeping rule. This is not surprising as OSHA has yet to make...more
On May 10, the Department of Labor officially nullified a rule passed during the Obama administration that limited states’ ability to require mandatory drug testing for individuals applying for unemployment benefits.
As...more